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Rugby League
Brisbane Broncos Talk
Reece Walsh sells his soul to Warriors. No big deal.
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[QUOTE="lynx000, post: 3326922, member: 2065"] Mate you are off base here. You can be disciplined and even have your employment terminated (subject to the circumstances) for conduct occurring outside the workplace. Following from the seminal decision in [I]Rose v Telstra[/I], we know that there must be a relevant connection between the out of hours conduct in question and the employment relationship. In summary, it must be shown that: [LIST=1] [*]the conduct, viewed objectively, is likely to cause serious damage to the relationship between the employer and the employee; [*]the conduct damages the employer’s interests; or [*]the conduct is incompatible with the employee’s duty as an employee. [/LIST] [I]Social media content?[/I] An employee who sent explicit private messages on Facebook Messenger to 20 of his Facebook friends (19 of them being colleagues) was validly dismissed, for the following reasons: [LIST] [*]several employees had complained about the message [*]the employee had been dishonest and uncooperative [*]the nexus was established as those who had received the message would not have been Facebook friends with the employee were it not for his employment [/LIST] [I]Sexual harassment?[/I] In [I]Applicant v Employer[/I], an employee attending training at a hotel groped a waitress at that hotel after work hours. His dismissal was valid for the following reasons: [LIST] [*]his stay at the hotel was organised and paid for by the employer [*]he was only in the bar as a result of his employment relationship with the company [*]he was drinking with work colleagues, and was to be working the following day [*]he had previously been given a warning for his misconduct [*]the incident had the potential to damage the employer’s reputation [*]the fact that he wasn’t in his normal work location did not discharge him from the responsibility to behave in a way consistent with the conditions of his employment [/LIST] Another social media case: A senior commonwealth public servant sacked for posting anonymous criticism of the government on social media: [URL unfurl="true"]https://www.abc.net.au/news/2019-08-07/high-court-free-speech-public-service--banerji-decision/11377990[/URL] You might also remember that the NRL introduced the stand down policy in respect of serious criminal charges that have to date all related to conduct out of work hours. The NRL was able to present evidence to the Federal Court of its interest suffering significant potential damage by a number of sponsors threatening to walk away from the game. So if you can be legitimately sacked for out of hours conduct, why can't you be fined as part of a disciplinary penalty? I can find you a heap more examples if you want them. [/QUOTE]
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Rugby League
Brisbane Broncos Talk
Reece Walsh sells his soul to Warriors. No big deal.
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